A/HRC/13/40/Add.4
67.
While the Special Rapporteur very much welcomes the recent ratification of
the International Covenant on Civil and Political Rights by the Lao People’s
Democratic Republic, she regrets that the Government has felt it necessary to enter a
declaration stating that all acts creating division among religions are incompatible
with article 18 of the Covenant. The Special Rapporteur is concerned that the
domestic concept of “acts creating division among religions” is highly subjective and
vague, which increases the risk of it being abused to prohibit religious activities that
are protected under international law, for example the teaching and dissemination of
religious beliefs. Arguably, the declaration of 25 September 2009 is not in line with the
text and spirit of the Covenant and the Special Rapporteur consequently encourages
the Government to keep its declaration under review and to revisit it in the near
future.
68.
Furthermore, the Special Rapporteur is concerned about the inadequate level
of implementation of the legislative protection for freedom of religion or belief. The
central and provincial authorities should ensure that the local administration level
ceases ordering evictions or otherwise trying to coerce Christians to renounce their
faith. The Special Rapporteur also calls for the immediate release of religious
prisoners of conscience. During her mission she has received positive signals from the
Government regarding the release of Mr. Boon Chanh, who has been imprisoned for
more than ten years, allegedly also in relation to his religious activities. The
Government should thoroughly investigate all cases with a link to freedom of religion
or belief and find prompt remedies for those who may have been victimized or
continue to suffer. In addition, various state authorities and international donors
could envisage supporting legal aid programmes in order to help, inter alia, members
of religious minorities and provide capacity-building to grass-roots initiatives.
69.
Since members of religious minorities seem to have little or no access to higher
education, the Special Rapporteur recommends extending the affirmative action
schemes, which already exist in education policy for members of ethnic minorities, to
religious minorities. Furthermore, the current limitations and authorization
requirements for the printing of books related to religion and for communication of
believers with foreign organizations should be reformed in line with international
human rights standards. Similarly, the bureaucratic controls of religious leaders and
impediments concerning their liberty of movement in the context of religious activities
should be discontinued.
70.
With regard to religious freedom of persons deprived of their liberty, the State
should provide the personnel of detention facilities with adequate training, raising
awareness of and enhancing their sensitivity as to their duty to promote and respect
international human rights standards for the treatment of prisoners, including the
right to freedom of religion or belief. In order to prevent any potential abuse by
prison staff, the State should also ensure that detention facilities are the object of
intense public scrutiny and put in place effective complaints mechanisms.
71.
The Special Rapporteur notes with interest that the Government has adopted a
Legal Sector Master Plan which, inter alia, calls for the implementation of a research
project on customary justice practices by collecting local and customary rules
especially among minority ethnic people. Research is currently being implemented by
the Ministry of Justice and the United Nations Development Programme, which may
ultimately lead to a better understanding of customary legal practices and improved
access to justice for villagers living in remote areas. It should also promote the
application of international human rights standards, including on freedom of religion
or belief as enshrined in the International Covenant on Civil and Political Rights.
While the beliefs of animists or ancestor worshippers should be respected in principle,
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